DOG DOODY DUTY LLC

Service Agreement & Terms of Service

Provider: Dog Doody Duty LLC

1. Scope of Service

Client authorizes Dog Doody Duty LLC (“Provider”) to perform dog waste removal services (the “Services”) at the Service Address, as outlined in the accepted quote (the “Quote”). Services include, exclusively unless otherwise noted on the Quote: (i) removal of solid dog waste from Accessible Areas (as defined below); and (ii) optional deodorizer treatment (requires client-supplied hose with threaded end). “Accessible Areas” shall include only areas of the Service Address that are open and reasonably able to access, but shall not include any areas which are unmowed, overgrown, or under or in obstructions including but not limited to snow, ice, stones, loose areas, ivy, bushes, weeds, trampolines or decks. 

Provider will not: (i) remove vomit, urine, diarrhea, or other waste; (ii) rake, shovel, mow, chop ice or perform any other form of preparation or maintenance of the Service Area, including moving or removal of furniture, toys, sports equipment or any other obstacles; (iii) perform and Services in or on swimming pools or similar features.

Client understands and agrees that Provider is not responsible for incidental damage to landscaping, gates, lawns, or hardscaping.

2. Scheduling & Access

Provider’s workday begins at sunrise. Client does not need to be home, but Service Area must be unlocked, and animals must be indoors or securely contained away from Service Area. A partial fee for site visit will apply in the event (i) Provider is unable to access the Service Area (ii) Provider determines in its reasonable discretion it is unsafe to access the Service Area, (iii) Client wishes to cancel or suspend Services but fails to notify Provider at dogdoodyduty@yahoo.com by 7:00 a.m. on the scheduled service day.

Provider may reschedule Services due to holidays, illness, unsafe weather or conditions including but not limited to lightning, extreme temperatures, snow and ice, or other unforeseen events. In other instances, Provider reserves the right to change the Client’s regular service day upon one (1) day’s notice to Client’s e-mail address on file.

3. Payment Terms; Rates

Client must maintain an active debit card, credit card, or ACH Payment on file. Client hereby authorizes Provider to hold such information in its database and to charge same for each invoice as issued and due.

Payment shall be due as follows: (i) one-time Services must be prepaid; (ii) initial clean-ups require a deposit equal to the amount of the first visit, to be applied to the first month’s invoice issued at the conclusion of the first calendar month of Services; and (iii) ongoing services are billed at the end of each month via automatic card payment. Method of payment may be updated at any time by Client in the online “Client Hub” located at [web address], which also contains prior records, Service records and payment history.

Any monies paid to Provider in advance will be held for the benefit of Client at [bank name] to be applied toward future payments as set forth herein.

If at any time payment is declined, Provider may continue to run payment in intervals until paid, provide a payment link to Client, or suspend Services until payment is brought to date accompanied by a one-month deposit to be applied to the final invoice.

If Services are missed for reasons permitted above, invoices will be pro-rated accordingly.

Rates are based on a 1/8 acre yard and [#] dogs unless otherwise stated. Larger yards are adjusted upward on a pro rata basis. Provider may charge additional fees for higher-than-average waste volumes. Certain more complicated jobs may be requited prior to beginning or from time to time during performance of the Services.

4. Client Responsibilities

To ensure effective service, Client agrees to: (i) keep Service Areas mowed, accessible and free of tall grass, snow, leaves, debris and other obstacles stated above; (ii) keep gates and entrances unlocked and in good working order; (iii)keep dogs and other pets away from the Service Area during Services; (iv) check email regularly for updates, invoices, and changes; (v) maintain valid payment method on file; (vi) notify Provider within one week of any dog count changes to keep rates accurate and (vii) continually represent that Client is the rightful owner of the Service Area with all right, power and authority to contract for the Services.

Client agrees, to the fullest extent permitted by law, to indemnify and hold Provider, its agents, employees, representatives, affiliates, officers and directors harmless from and against any claims, damages, suits, fines, penalties, losses, demands, liabilities, expenses and actions or causes of action, including any and all cost or expense of any kind or nature related thereto, including court costs and reasonable attorneys’ fees, (collectively, “Claims”) arising from, based upon or in connection with (i) Client’s failure to carry out any obligations hereunder, (ii) injury to persons or property from animals not kept away from the Service Area, and (iii) any unsafe site conditions of the Service Area which are not reasonably observable by Provider.

5. Service Guarantee; Limitation of Liability

If the Service Area or a portion thereof is missed by Provider, Client must notify Provider within 24 hours, and Provider will at its sole discretion correct it or apply a credit. Services are otherwise provided as-is and are nonrefundable.

EXCEPT AS EXPRESSLY STATED HEREIN, PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Provider’s total cumulative liability shall not exceed the amount actually paid by Client for the Services giving rise to the claim. In no event shall Provider be liable for (i) loss of profits, (ii) loss of production, (iii) delay damages, or incidental, consequential, special, or punitive damages even if Provider has been advised of the possibility of such damages.

6. Termination & Cancellation

Client or Provider may cancel Services with one (1) day’s written notice sent to dogdoodyduty@yahoo.com or Client’s e-mail address on file with Provider.

Provider may cancel at any time immediately for cause, including but not limited to unsafe conditions of the Service Area, nonpayment, excessive waste, or Client’s breach of its obligations hereunder.

Any prepaid or deposit amounts will be applied to final invoice or refunded accordingly.

7. Communication & Agreement Updates

Changes to rates and these Terms &Conditions may be changed by Provider upon thirty (30) days’ written notice to Client’s e-mail address on file with Provider.

8. Miscellaneous

No waiver by Provider of any right under the provisions of these Terms & Conditions will operate or be construed as a waiver of any other right, whether of a like or of a different character.  These Terms & Conditions set forth the entire agreement of the parties with respect to the subject matter hereof. These Terms & Conditions supersede and cancel all prior and contemporaneous agreements and understandings between the parties, whether oral or written.  These Terms & Conditions shall be governed by the laws of the State of New York, without regard to conflicts of laws rules, with any disputes hereunder to be resolved by arbitration in the County of Onondaga, State of New York, in accordance with the rules of the American Arbitration Association. The prevailing party in a dispute may recover reasonable legal and collection costs. Any provision of these Terms & Conditions which is or becomes prohibited or unenforceable in any jurisdiction shall not invalidate or impair the remaining provisions of these Terms & Conditions which shall be deemed severable from the prohibited or unenforceable provisions and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction. Notwithstanding anything to the contrary in these Terms & Conditions, and except for the obligation to pay money, no default, delay or failure to performance on the part of either party will be considered a breach of these Terms & Conditions, a cause for termination or a cause for assessment of damages or other remedies if such default, delay or failure to perform is shown to be due to causes beyond reasonable control of the party charged with a default including, but not limited to, decrees of a government, acts of God, inability to procure materials or labor, fires, floods, explosions, riots, war, acts of terrorism, rebellion, sabotage and atomic or nuclear incidents, epidemics, severe weather, fire, earthquakes or default of a common carrier, always provided that the party so relieved of its obligations shall take reasonable steps to prevent, correct or amend such act or event which renders such obligations impossible.